The rise of “pig butchering” crypto scams has left thousands of investors financially devastated. These sophisticated, long-con frauds build trust over months, convincing victims to invest huge sums into fake platforms before vanishing with the funds.

If you have fallen victim to one of these schemes, you know the pain is not just emotional—it is a financial catastrophe. However, there may be a way to mitigate the damage through the tax code.

Under Internal Revenue Code (IRC) § 165(c)(2) and recent IRS guidance, victims of fraudulent investment schemes may be eligible to claim a theft loss deduction. At Kugelman Law, we specialize in helping clients substantiate these claims to validly reduce their taxable income.

The Legal Basis: IRC § 165(c)(2) and IRS Guidance

Historically, the Tax Cuts and Jobs Act of 2017 suspended “personal casualty and theft losses” for individuals from 2018 through 2025. This led many to believe that all theft losses were non-deductible. This is not true.

The suspension applies to personal losses (like a stolen watch or a burglary). It does not apply to losses incurred in a “transaction entered into for profit.”

A recent IRS Chief Counsel Memorandum (No. 202511015) specifically analyzed the tax treatment of pig butchering crypto scams. The IRS concluded that because victims transferred funds with the clear intent to invest and generate a profit, these losses can be classified as investment theft losses under IRC § 165(c)(2), rather than disallowed personal losses.

Key Eligibility Requirements

To claim this deduction successfully, you must meet specific criteria:

• Proven Theft: You must show that the taking of your property was illegal under state law and done with criminal intent (e.g., fraud, larceny, or embezzlement).
• Profit Motive: You must demonstrate that your primary motive for transferring the funds was to make an investment profit. This distinguishes your case from “romance scams” where funds are sent as gifts or for personal help, which the IRS typically disallows.
• No Reasonable Prospect of Recovery: You must determine that the loss is permanent and that there is no likely path to recovering your funds from the scammers or a third party (like insurance).

How Kugelman Law Can Help

Claiming a theft loss deduction is a high-stakes tax position. It requires meticulous documentation to survive IRS scrutiny, similar to the rigor required for cryptocurrency audits. We offer specialized services to help victims report this loss correctly and defensibly.

1. Tax Return Preparation & Reporting

We can prepare your tax return to properly report the theft loss. This involves calculating your “cost basis” (the actual amount of money you put in, not the fake “gains” shown on the scam website) and filing the appropriate forms to claim the deduction against your taxable income.

2. Legal Opinion Letter

For significant losses, we highly recommend a formal Legal Opinion Letter. This document details the facts of your case, applies the relevant tax law (including the new Chief Counsel Memo), and provides a legal conclusion on your eligibility for the deduction. This serves as your primary defense should the IRS ever question the claim.

An opinion letter serves two primary purposes: (1) reasonable reliance defense against penalties if a tax agency audits the return and proposes penalties and (2) real time documentation and analysis that is ready to go in the event there is an audit.  

3. Comprehensive Package

We offer a combined service that includes both the legal opinion letter and the full preparation of your tax return for a bundled discounted fee.

Necessary Documentation

To substantiate your claim, we will need to compile a comprehensive evidence file, including:

• Complete Account Statements: Bank ledgers and crypto exchange records showing the trail of funds moving from your possession to the scammer’s wallets.
• Proof of Investment Intent: Screenshots of the fake trading platform, “account balances,” and logs of communications with the scammers where investment returns were discussed.
• Law Enforcement Reports: To prove the loss was a “theft” and not just a bad investment, you must file reports with authorities. We recommend filing with:
  • FBI via IC3: https://www.ic3.gov/
  • Secret Service Cyber Crime Task Force: https://www.secretservice.gov/
  • FTC Report Fraud: https://reportfraud.ftc.gov/
  • Your local police or sheriff’s department.

A Note on Civil Recovery

Please note that Kugelman Law focuses exclusively on the tax reporting and deduction aspect of your loss. We generally do not handle civil asset recovery (suing to get the money back) on a contingency basis.

However, we can refer you to attorneys who specialize in civil recovery for these types of fraud.

Take the Next Step

If you have suffered a loss from a pig butchering or crypto investment scam, do not let the tax implications add insult to injury. You may be able to recoup some of your losses through a lower tax bill. If you need help, our tax resolution attorneys can guide you through the process.

Contact Kugelman Law today to schedule a consultation and discuss your eligibility for a theft loss deduction.

Disclaimer: This post is for informational purposes only and does not constitute legal or tax advice. Consult a qualified professional for guidance on your specific situation.